Identification Rules And Reconstruction Of The Common Debts Of Husband And Wife In Judicial Practice

In judicial practice, the recognition of the common debts of husband and wife is always a difficult problem. The promulgation of "marriage law interpretation two" provides a strong legal basis for the identification of the common debts of husband and wife in the judicial practice. In the case of most of the cases, the decision of the joint debt of the husband and wife is also made. The marriage law interpretation of the issue of a couple of common debt, but in order to determine the basis of the common debt, the judge had to face a new problem, the high divorce rate in China, the community characteristics of husband and wife gradually weakened, but the independence is more obvious, if only the "marriage law" to determine the two, a husband and wife are not reflected in the personal independence, the husband and wife can not avoid the interests of spouses or husband and wife in third cases. If the husband and wife are not due to the debt of the spouse and benefit, but to the spouse’s debt and to bear the responsibility to repay the debt, the couple is not a party, obviously not fair.Based in the judicial practice, through analysis of the case and the case, find out the cause of confusion and bewilderment of couple’s joint debt issues involved in the practice, and combining the law of obligation of husband and wife of relevant theory of law and trial experience, to the fundamental concept of couple’s joint debt, and detailed contents of the concept of clear conjugal debt. To the amount of the amount of debt as a standard, reasonable and reasonable distribution of the burden of common debt, and the couple’s common debt legislation to propose a new design scheme, with a view to the creditors, husband and wife of the couple and the couple’s three party interests can be fair and reasonable protection.